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Terms & Conditions

    TERMS OF USE

    1. These are Terms of Use (‘Terms’) of our website – www.ludocoffee.in (‘Website’) and the Ludo Coffee mobile application (‘App’), which is owned by and belongs to Blue Horizone Infotech LLP (referred to as the ‘Company’, ‘Ludo Coffee’, ‘Us’, ‘We’ or ‘Our’).

    2. These Terms are legally binding on you upon accessing our Website and App (hereinafter collectively referred as ‘the Platform’). Further, these Terms shall also govern the terms of use of any data and information in any form whatsoever, or otherwise made available via the Platform (jointly referred to as the ‘Content’).

    3. Engagement in any Games or contests on the Company's Platform or the viewing of specific Content may be contingent upon additional terms and conditions, which Company may communicate periodically on the Website or through other means. It is essential that You have comprehensively read, understood, and consented to comply with the rules and regulations governing the Games, contests, and tournaments accessible through the Company Platform.

    4. The access and use of the Platform by you is undertaken at Your own risk. We, along with our affiliated entities, directors, officers, and agents, disclaim all liability and accountability for any loss or damage, whether direct or indirect, that may be incurred by any User relying on the content of our Platform or publications, whether due to the presence or absence of information.

    5. By accessing the Platform, You are consenting to the allow the Company to use Your personal data and information, including sensitive data, as shared by You with the Company either by the Company itself or anyone witho the Company enters into a contract towards providing the services on the Platform.

    6. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Platform solely for your own personal, noncommercial use.

    7. The Company withholds the right to revise, alter, update, or remove, without any prior communication, the Platform or Services, as and when it may deem fit.

    8. Users agree to abide by the specific rules, scoring mechanisms, controls, and guidelines for each such game may be accessed within the game itself, and the game is a part of the Services.

    ACCOUNT REGISTRATION AND ELIGIBILITY

    9. To use the Company's Website or take full advantage of its Platform, Users must register on the Platform. Access to any part of Our Platform is prohibited until Users have been provided with an account defined hereunder.

    10. In the event, You wish to become a registered User of our Services, You shall create an account (‘Account’) to access our Platform. Each User shall create only one (1) account. IN case, any duplicate accounts are found by the Company, then the Company shall have the sole discretion in terminating the same.

    11. The process of applying to gain access of the platform through an Account will include filling up the form with the below mentioned details:

    • • Address
    • • Full Nam
    • • Mobile Number
    • • Email address
    • • State
    • • Date of Birth
    • • Bank Account Number / UPI
    • • Permanent Account Number Card (PAN Card)
    • • Government issued Identity Documents (for KYC)

    12. To access our platform, You have the option to register or log in using Your Google credentials. Additionally, You might need to furnish Your mobile number for verification purposes, and the verification process involves confirming the mobile number through a one-time passcode (OTP) sent to Your device. The decision to approve the Account lies solely with the Company or its representatives, and Company reserve the right to decline any Account application without providing a specific reason. You acknowledge that the Company's decision in this matter is conclusive. For security measures and to facilitate transactions between users, Company may implement additional identity verification procedures known as know-your-customer (KYC) checks. By using our platform, You agree to undergo such KYC checks, consenting to provide necessary personal information and documents to establish proof of identity and address. This information is essential to complete the KYC checks, and You understand and accept this requirement.

    13. To access and create an Account on our Platform, You must confirm that You are above 18 years of age and a resident of India. By accepting these Terms, You assure us that: (a) You are at least 18 years old; (b) You have not faced prior suspension or blockage from using the Platform; and (c) Your registration and usage of the Platform adhere to all applicable laws and regulations. Residents of Restricted Territories (as defined hereunder) are not eligible to participate in any Games on the Platform. Company retain the right to request proof of identity at any stage to confirm that minors are not utilizing the Platform. Failure to provide proof of identity or suspicion of a person being under 18 years of age may result in exclusion from accessing or using the Platform. Parents and guardians are advised to monitor their children's online activities and consider utilizing parental control tools to ensure a safe online environment. Employees and directors of the Company is not permitted to participate in any Games on the Platform.

    14. You commit to providing accurate, up-to-date, and complete information during registration and as required by the Company. It is Your responsibility to update and maintain the accuracy of all provided information for registration purposes. You affirm that all information You provide at any given time is true, accurate, current, and complete to the best of Your knowledge.

    15. Once Company grant You an Account, Your access to our Platform, the Service(s), and participation in the Game(s) hosted by us will be enabled. You acknowledge that Company hold the right to terminate Your Account, and may give notice for any reason deemed appropriate at the sole discretion of the Company.

    16. Throughout Your usage of our Platform, You confirm that You will not allow others to access or use Your Account. If You permit such access, You do so at Your own risk. Additionally, You agree not to utilize the Platform through another User's Account.

    17. Operating multiple accounts is prohibited for users. If the Company discovers a User operating multiple accounts, it reserves the right to take actions such as restricting, banning, suspending, or terminating those accounts at its sole discretion, without notice. Cash or credit balances in such accounts may be consolidated into the account with the highest balances or forfeited, depending on whether the accounts are aliases or associated with potential fraud.

    18. Verification of credit cards/bank accounts used for deposits and withdrawals may be required to ensure compliance with regulations and maintain their integrity.

    19. If You are mistakenly credited excess funds for any reason, You agree to forfeit the excess amount, which will be debited from Your Account.

    20. Customer identity checks conducted by the Company do not imply statutory obligations but serve as a measure to combat financial crime. Users are responsible for 'know Your customer' checks with their banks, financial institutions, card associations, and payment system providers as defined under the Payment and Settlement Systems Act, 2007.

    21. Acceptance of terms upon registration grants the Company consent to disclose Your provided personal information to a third-party agency for identity verification. The agency may use this information to prepare an assessment for the Company.

    22. Your participation in any Game on the Platform is entirely voluntary and at Your own discretion and risk.

    SKILL BASED GAMES ONLY

    23. The Platform exclusively features games of skill only, where each game's outcome is determined by the User’s demonstration of skill set, performance, and effort put into playing the Games.

    24. Users recognize that the Games provided on the Platform fall under the category of games of skill according to Indian law. The Platform does not endorse, support, or provide any games of chance. Games of skill, while lacking a comprehensive definition, generally refer to those where a player's effort and skill significantly influence the game's outcome compared to luck.

    25. The Games available on the Platform are explicitly categorized as games of skill, as the result or success in these games directly correlates with the effort, performance, and skill exhibited by the users. The Supreme Court of India has affirmed that the right to engage in games of skill is constitutionally protected.

    26. You understand and agree that engaging in the Company's skill-based Games may lead to financial losses for you. Fully aware of the details and context of the Games hosted on the Platform, You are willingly taking part in them, accepting all responsibility and associated risks, including the risk of financial loss. The Company provides no assurances, warranties, representations, or commitments regarding the games and holds no liability or responsibility for any financial losses You might incur due to Your participation in the Games.

    RESTRICTED TERRITORIES

    27. In adherence to prevailing laws, the Company prohibits individuals residing in specific Indian states, including Andhra Pradesh, Arunachal Pradesh, Assam, Meghalaya, Nagaland, Odisha, Telangana, Sikkim, Karnataka, Tamil Nadu, and those residing outside India, from participating in the paid versions of the Games. Access to the Platform is restricted for users from these states, but it's important to note that free-to-play versions of our Game(s) remain accessible in these territories.

    28. Users residing in the aforementioned Indian states or outside India are not permitted to engage in real-money gameplay or deposit funds to play Games on the Platform. The Company uses various technologies, such as IP address logging and geographical location monitoring, to verify the location of Users. By using the Platform, Users consent to the collection of this information.

    29. Users acknowledge that if a person from these Indian states becomes a User by providing false information, the responsibility lies solely with the User. The Company reserves the right to delete or remove such Accounts without notice, and the User has no right to redeem or demand the Account balance.

    30. Users accept that the Company is not liable for any breach of applicable state laws by Users, and penalties may be imposed by the respective State Governments or the Central Government of India, as applicable.

    31. Users from all Indian states must ensure compliance with applicable state laws, and the Company will make efforts to communicate any changes deemed appropriate for User education. Users agree that the Company's decisions in this matter are final and binding, without any consideration extended to the User.

    PAYMENT TERMS

    32. Regarding any transactions conducted on the Platform for participating in Games and contests, Users agree to adhere to the outlined payment terms. These terms, applicable to participation in any game, involve Users paying a contribution (Contribution) that includes a platform fee (Platform Fee) for accessing the Platform and a predetermined contribution towards the prize money pool (Prize Money Pool) for the specific game/contest, as specified by the Company. This contribution will be awarded to the winner(s) after the completion of the game/contest, following the stipulated terms and conditions. 

    33. The Company retains the right to deny its Platform/ Services to any User at its sole discretion, leading to automatic disqualification from participating in any Games hosted on the Platform.

    34. Unless explicitly stated in these terms, it is clarified that the Company has no rights or interests in the Prize Money Pool. The Company solely functions as an intermediary responsible for collecting and distributing the Prize Money Pool in alignment with the game's terms and conditions.

    35. In relation to transactions made on the Platform, including payments for game participation, Users agree to the following payment terms:

    1. 1. Company holds a separate non-interest earning bank account, whereunder, all amounts collected from Users, as per these Terms, may be held by the Company.
    2. 2. Payouts may be made to Users from these bank accounts, specifically for their withdrawal of winnings, subject to applicable taxes, however, the Company may retain the amount for its Platform Fee. The Company may act as a trustee for the benefit and use of the Users by receiving and holding User amounts in trust.
    3. 3. Before a User joins a game, a Platform Fee may be charged by the Company. The Platform Fee so charged (inclusive of applicable tax) will be deducted from the User's balance in the Account on the Platform, and the Company may issue an invoice for this deduction. The Platform Fee may vary based on factors such as the number of Users, their eligibility, technical infrastructure required, etc., but the same may be determined before the start of a game.
    4. 4. Users may participate in a game by contributing towards the Prize Money Pool. This contribution will be awarded to the winner(s) after the game's completion, following the terms and conditions stipulated for that specific game.
    5. 5. Users availing Services are provided with various categories of amounts for payment processing and reconciliation:
      1. 1. Game Money - This includes funds contributed or deposited by the User through a payment gateway into their wallet (Play Money). Play Money, once deposited, cannot be withdrawn and is exclusively for playing or participating in a game or contest.
      2. 2. Prize Money - This encompasses the money, including in-kind rewards, won by Users through winning games/contests (Winnings). Winnings can be withdrawn after applicable tax deductions, if any.
      3. 3. Referral Bonus/Rewards:
        1. 1. The Company may offer referral programs (Referral Program) on the Platform, allowing Users to receive rewards in the form of bonuses (Rewards/Play Money) for each player they refer to play on the Platform.
        2. 2. All active Users of the Platform, except in cases of suspended Accounts, are eligible to participate in the Referral Program.
        3. 3. Only 'successful referrals' qualify for Rewards. A successful referral occurs when a new User registers on the Platform and completes the sign-up process by clicking on the referrer's referral link or using their unique referral code, following the Company's existing referral policy.
        4. 4. Usage of Rewards - Users can use a specific percentage of their cumulative Rewards (as permitted by the Company) in their Account to join upcoming 2-player and 4-player games on the Platform.
        5. 5. The nature and value of Rewards are based on the Referral Program offered by the Company, with referral links/codes generated from each User's Account. Reward details are subject to change at the Company's discretion without notice, and users found engaging in fraud will be blocked from the platform. The reward amount/type is determined on the day a user's referral signs up on the platform, and the Company reserves the right to alter rules and regulations without notice.
        6. 6. Users will not receive credit for self-referrals through multiple Accounts. The Company reserves the right, at its discretion, to suspend or disqualify an Account from the Referral Program or nullify referral Rewards.
        7. 7. If there is any outstanding amount for the User's participation in any Game(s), the User shall be directed to pay and moved to the designated payment gateway for payment of such outstanding amount. If the amount added by the User through the payment gateway exceeds the remaining contribution, the excess amount will be transferred to the Account and User will be allowed to use it further in Games on the Platform.
        8. 8. Regardless of other provisions, if Winnings are mistakenly double credited to the User's Account, the User acknowledges and authorizes the Company to reclaim, impose a lien, and freeze the User's account until the excess amount is recovered.
        9. 9. Users can request the withdrawal of the amount credited to their Winnings by submitting a request to the Company. The Company will initiate an online transfer to the User's registered bank account within a commercially reasonable timeframe, reflecting as a debit to the User's Winnings. The Company may impose a processing fee for facilitating the online transfer.
        10. 10. Users may need to complete the verification process to initiate a withdrawal request. Winners typically need to verify their email address, phone number, and provide documents such as a self-attested photocopy of their PAN card or PAN authentication, along with bank account details and proof.
        11. 11. The withdrawal of User’s Winnings will not be processed unless the necessary documents are received, verified, and authenticated within the specified time period set by the Company. Only winners who successfully complete the verification process and provide the necessary documents within the stipulated time will have their accumulated Winnings processed.
        12. 12. The Company, at its sole discretion, may disqualify a winner from withdrawing accumulated Winnings for various reasons, including incorrect, misleading, false, fabricated, incomplete, or illegible documents, failure to meet eligibility criteria, or other reasonable grounds determined by the Company.
        13. 13. The User assures that the documents submitted during the verification process are true copies of the original documents.
        14. 14. Users must provide accurate details during registration, and the Company is not responsible for communication errors, commissions, or omissions leading to the Winner not receiving results.
        15. 15. In the event of fixture cancellations or abandonments without an official result, all game entries are considered void. The Contribution will be refunded to the User's wallet, and no prize/Winnings payouts or platform fee charges will apply for these voided Games.
        16. 16. If, after a transaction on the Platform, Your card or bank account is charged but the corresponding amount is not added to Your Account within 24 hours, please notify us by emailing on ludocoffeehelp@gmail.com from Your registered email address. However, it is essential to include the following details in the email: (i) mobile number, (ii) transaction value, (iii) transaction date, and (iv) transaction ID. The Company will look into the matter, and if it is confirmed that Your card or bank account was charged without the balance being delivered to Your Account, You will be refunded within 7 business days from the date of receiving Your email. All refunds will be credited to Your Account of the Platform only.
        17. 17. The Company reserves the right to withdraw or cancel any contest(s), whether scheduled or completed, at its own discretion. In such cases, the Company shall refund the contribution amount contributed by each participant.
        18. 18. Tax Deducted at Source (TDS) from April 01, 2023: As per the relevant provisions of the Income Tax Act, 1961, TDS is required on the "net winnings" of a User, whether in cash or kind, either entirely or partially. Key points include:
          1. 1. TDS is deductible to the withdrawals from the User account or to the balance remaining in the Account at the end of the financial year. However, such deduction happens from the 'net winnings' in the withdrawn amount or balance at the end of the financial year.
          2. 2. TDS Rate: As prescribed by the Government of India under applicable laws, the TDS rate is 30%.
          3. 3. User account: Refers to all accounts/wallets opened or maintained or operated by the User on the Platform.
          4. 4. Any amount withdrawn from a User Account for purposes other than online gaming is considered a withdrawal, and TDS is applicable. Prizes distributed in kind are also treated as instances of withdrawal for TDS purposes.
          5. 5. Users with a valid PAN will receive a TDS certificate (Form 16A) according to applicable provisions.
          6. 6. The mentioned TDS provisions are based on the current understanding of the law. The Company reserves the right to modify/change/amend TDS related information and/or its applicability in response to changes under applicable laws and apply the relevant provisions at the time.
        19. 19. You will receive 100% of Your TDS deduction back in the form of a deposit balance on Your next deposit. This deposit balance will be 5% of the next deposit amount. The TDS refund is limited to the amount of the TDS deduction that is owed to you. This offer is available for a limited time only.
        20. 20. The Company's decision regarding the allocation of prizes is conclusive, binding, and not subject to challenge.
        21. 21. Within the bounds of the law, the Company provides no assurances or guarantees regarding the quality, suitability, or merchantability of any prizes and disclaims any liability associated with the same.
        22. 22. Winners are responsible for covering all transaction charges imposed for the delivery of cash prizes. Additionally, all prizes are non-transferable.
        23. 23. You agree to pay any applicable taxes according to the applicable laws and regulations, as well as any other taxes that may be applicable to you. If Company believe any withholding taxes are applicable, Company will deduct the tax and deposit the amount in the government treasury within the specified time frame.
        24. 24. You affirm and guarantee to us that You are not engaged in the business or profession of gaming, and any benefits or perks received from us, such as discounts, bonus money, cashback, etc., do not stem from conducting any business or professional activities as outlined in section 194R of the Indian Income-tax Act, 1961.

    PROTECTIVE MEASURES

    36. Your Account's accessibility and the ability to add, remove, or modify any Content on Your Account are safeguarded by passwords/one time password.

    37. We are not responsible for any losses, damages, or expenses incurred by You due to failures, delays, interruptions, interceptions, or interferences in password/ one time password transmission, caused by issues with the mobile service network or any other circumstance beyond our reasonable control.

    38. You commit to keeping Your password/ one time password confidential and not sharing it with anyone or permitting others to access or use Your Account. Company hold no responsibility if unauthorized persons gain access to Your Account using Your password. You are solely responsible and accountable for all activities on the Platform originating from Your Account.

    39. Your responsibility involves safeguarding the information You provide on the Platform, encompassing but not limited to passwords, email addresses, and bank account information. It is explicitly understood and agreed that Company bear no liability for information You provide to others, leading to the exposure, misuse of Your Account on the Platform, or any resulting harm or loss.

    40. The Company is not accountable to a User for any authorized transaction executed through the Platform including but not limited for any loss / damage that the User may have occurred due to any fraud, malfeasance, hacking or piracy by any third party to the User’s account on the Platform.

    41. It is essential to regularly monitor the Account Balance section of Your Account to detect any unauthorized activities. If You suspect any unauthorized activity, it is imperative to promptly change Your password and contact the Grievance Redressal Officer at bluehorizoneinfotech100@gmail.com.

    42. Kindly be aware that Company reserve the right to terminate or suspend Your Account and all related accounts, and take necessary steps for prevention of fraud without prior notice to prevent unauthorized use of our Platform. However, the Company shall not be liable for any matters as stipulated in clause 39 above.

    43. Playing Ludo Coffee Games solely for entertainment purposes is Your exclusive responsibility, and Company offer the option of playing free games also to Users. Prioritizing the safety and well-being of Our players, Company strongly recommend keeping track of the time and money invested in skill games. Consider Ludo Coffee games as a source of entertainment only.

    44. Regarding the content You upload, in addition to Your general obligation to adhere to relevant laws while using the Platform, You commit to complying with all applicable laws, rules, and restrictions outlined here or on the Platform. The Company is not liable for any content posted or contributed by Users on the Platform.

    45. Users acknowledge the possibility of encountering offensive, objectionable, or indecent content posted by other users, and Company may not have the ability to prevent such content from being posted. If users come across such content, they are encouraged to report it to us. Company will take appropriate action based on the provided information, and the decision made by the Company's management will be conclusive and binding on the user. Users explicitly agree that Company bear no liability in any circumstance related to such matters.

    46. Company retains the authority to restrict unauthorized entry or utilization of our Platform, which may involve implementing technological barriers or notifying relevant individuals or entities about Your actions.

    47. If Company have valid reasons to suspect that You engage in any of the aforementioned actions, Company may take legal action against you. Additionally, Company may inform the relevant regulatory or law enforcement authorities, as deemed appropriate. This action may be taken alongside any other remedies available under law or equity, including but not limited to restricting, suspending, or terminating Your use of the Platform.

    48. You are prohibited from engaging in the acquisition, sale, assignment, trade, rental, loan, lease, licensing, granting of a security interest, or transfer of Your Account, along with any content, currency, points, standings, rankings, ratings, or any other associated attributes originating from or associated with the Platform.

    49. Users are required to adhere to these Terms as well as all other guidelines, regulations, and terms of use governing the Platform. Failure to comply with these Terms and other applicable rules may result in Company taking appropriate corrective measures at its sole discretion.

    STRICT ACTION TOWARDS ILLEGAL ACTS

    50. If a User is discovered engaging in unfair gaming activities on the Platform, the Company may, at its sole discretion, suspend or terminate the user's account. The Company also holds the right to permanently disable the account of any User participating in such activities. Any funds deposited by the User on the Platform will be forfeited. Additionally, the Company reserves the authority to impose monetary penalties on users found involved in such practices on the Platform.

    51. Making deposits and withdrawals without engaging in any or a reasonable number of games is a breach of our fair play deposit and withdrawal policy. Sequential or consecutive deposits and withdrawals are regarded as actions indicative of money laundering, which is strictly prohibited on the Platform. Users identified engaging in such activities are considered to be violating our fair play deposit and withdrawal policy and may be subject to a penalty fee following an investigation.

    52. Any User identified as engaging in fraudulent activities, such as depositing or withdrawing from/to a deceptive account, may face legal action from the Company's management. This action may include, but is not limited to, the seizure of the User's Account Balance and the suspension of the User's Account.

    53. Users engaging in coin dumping between accounts may face a minimum penalty of 40% of the dumped coins. The Company retains the authority to permanently block the account and forfeit the coins, including pending withdrawals, if the User is detected engaging in malicious activity or unfair gameplay. If You suspect any User of collusion in games or participating in unfair practices, please notify us via email at ludocoffeehelp@gmail.com.

    ADDITIONAL RIGHTS AND OBLIGATIONS

    54. The User acknowledges that the Company reserves the right to record, capture, extract, any visual, texts, audios, images, videos, etc., that may be related to the User on the Platform (“Data”), for any purpose, the Company may deem fit and reasons valid under the applicable laws. The User grants Company an irrevocable right to use, publish, or share the Data for any of the reasons valid in accordance with the applicable laws.

    55. By signing up, You acknowledge and agree to abide by all the terms outlined here, as well as the specific rules and regulations of the respective game. It is advisable to retain records of Your transactions, gaming guidelines, and policies related to cancellations and payments. Our failure or delay in responding to or enforcing any provision in case of a breach of these terms by You does not imply relinquishing or waiving our rights to address any prior, concurrent, subsequent, or similar breaches.

    56. If any provision of these Terms is declared unlawful, invalid, void, or unenforceable by any legal or quasi-judicial authority in India, the remaining provisions shall still be considered valid and enforceable. The invalid or inappropriate provision will be substituted with another one that is valid and enforceable, closely aligning with the original intent. In such a scenario, the parties are obligated to interpret the void, illegal, or unenforceable provision in a manner that closely reflects the company's intent and objectives with a valid, legal, and enforceable provision.

    57. The Winner's acceptance of a prize implies consent for Company and its affiliates to utilize the winner's name, appearance, recordings, and remarks for publications and promotional activities that may spread across the globe. Users who may win also agree to be available for promotional activities as determined by the Company without any associated charges. The specific dates for these activities will be solely decided by the Company and may involve events such as press events, internal meetings, and ceremonies/functions.

    58. Regardless of the content in these Terms or any other policies, but subject to applicable law, Users acknowledge that if their User Account remains inactive for a period of 12 (twelve) months, the Company will move the corresponding amount in the User's gameplay money balances to a Reserve Account held by the Company. Users can reclaim such gameplay money balances from the Reserve Account, provided they consent to additional KYC and Useridentification measures. The Company will inform Users about the existence of the unused balance and its transfer 45 (forty-five) days before such amount expires through SMS, email, or a call. If Users do not use the Services, utilize the gameplay money balances, or request a refund (if applicable) during this notice period, they agree to the transfer of the amount in the gameplay money balances. The Company may use this transferred amount to promote awareness about safety measures and best practices for online gaming.

    59. The Company reserves the authority to amend any or all of the Terms, rules, or regulations on the Platform at any time through the publication of new Terms.

    PRESENCE OF THIRD-PARTY SITES

    60. The Platform might include links to other websites on the Internet that are owned and operated by third parties. The usage of each of these sites by Users will be governed by the terms and conditions, if any, specified by those third-party sites. The Company does not have authority over any websites except its own and cannot be held accountable for the content present on any third-party website. The incorporation of third-party content or links to third-party websites by the Company does not imply an endorsement of such third-party sites.

    61. It shall be the sole responsibility of the User to analyze the terms and conditions of such third-party websites, and communication or correspondences in relation to the same shall be made solely between the User and such third-party service provider. Company shall not be accountable, in relation to the same, whether directly or indirectly.

    62. The Platform features content generated by the Company and also includes content supplied by third parties. The Company does not provide assurances regarding the accuracy, integrity, or quality of content supplied by third parties. Users should not rely on such content while utilizing the services offered on the Platform, including participating in any hosted games.

    PRIVACY AND TECHINAL INFRASTRUCTURE

    63. By utilizing the Platform and furnishing any personal information, You expressly consent to adhere to our Privacy Policy, along with applicable guidelines and statements that may be periodically updated. These are considered integral components of these Terms. If You disagree with the complete terms of the Privacy Policy or have reservations about the utilization of Your information, You are not permitted to access or use the Platform and its services.

    64. In the event, User is not able to complete its ongoing game due to internet interruptions, slow speed, hardware collapse, or any other reason, whether technical or logistical, then in such case Company shall not be liable to refund the amount to the said User. Further, Company is not responsible for any disconnection, lag, freezing, or interference in the network on the user's computer or any other external networks, and Company do not assume any liability for such occurrences.

    65. In the event, Company faces any technical difficulties from our end, including the server crashing, breakdowns, or any other failure, then in such event, the Company shall cancel any such game affected because of the same, and refund any or all amounts involved in such particular game(s), however, the Company reserves the right to do the same after proper investigation in the matter is done. Any such game affected shall be considered void and thus no claim shall arise from the same. User acknowledges that only in case of server crashdown of the Company, the above procedure may be followed.

    WARRANTIES

    66. The company explicitly denies any warranties, whether expressed or implied, associated with the underlying software of the Platform, the Website, and the Game(s) and/or related to their maintenance, whether directly or indirectly.

    67. To the fullest extent allowed by applicable law, You explicitly agree that You have no recourse concerning any statement, representation, assurance, or warranty (whether made innocently or negligently) not explicitly stated in these Terms. You also acknowledge that there is no basis for a claim of innocent or negligent misrepresentation or negligent misstatement based on any statement within these Terms.

    68. The limitation of one (1) year shall be applicable to any claim arising out of Terms hereunder or in relation to the Platform.

    69. You acknowledge that the Company does not guarantee all time access to Platform or the Account. The access may be hampered due to technical reasons such as updating system or its maintenance or otherwise.

    70. The Company shall not be liable to the User, in relation to any kind of actions of other users including but not limited to the misleading, threatening, obscene content posted or shared on our Platform, and/or technical failure, breakdowns of Platform, and/or any claim arising from the misuse of Your Account or internet failure.

    INDEMNITY

    71. You acknowledge and agree that under no circumstances, including but not limited to contract, negligence, or other tort, will the Company be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This encompasses, without limitation, injury, claims, loss of data, income, profit, opportunity, and property damage. This applies even if the Company has been informed of the potential for such damages, and regardless of whether the loss was foreseeable, arising from or related to the use of or inability to use the Platform.

    72. You hereby irrevocably, unconditionally and absolutely agree and undertake to indemnify and keep indemnified, saved, defended and hold harmless, Company and its authorized representatives including but not limited to its employees, directors, officers, agents, etc., at all times, against any or all losses, damages, costs (including attorney cost), expenses, liabilities, claims, charges, actions, penal consequences and demands, whatsoever, arising out of breach of these Terms, or any misuse of the Platform, or violation of applicable laws, or claims alleging infringement of Intellectual Property Rights arising from the display or use of logos, marks, labels, names, trademarks, copyrights, or intellectual and proprietary rights on Company by the User or through the User’s actions or inactions while using the Platform or services of the Company by yourself, whether directly or indirectly.

    73. This indemnification obligation shall survive the expiry or termination of Your use of the Platform.

    INTELLECTUAL PROPERTY RIGHTS

    74. All software forming the foundation of Company and the Platform, as well as all contents on the Platform (including, but not limited to, Games, game software, advertisements, written Content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and flash animation), are the property of Company, its affiliates, partners, licensors, and/or associates. No person including Users except with the written permission of the Company may alter publish, transmit, transfer or sale, reproduce, create derivative works of, distribute, publicly display, or exploit in any manner, either wholly or partially, any of the materials or content of the Company.

    75. For the purposes of the Platform and allied services of the Company, User acknowledges and agree to grant irrevocable, perpetual, royalty-free, non-exclusive, sub-licensable license to use, store, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish content of Users for any of the following purposes:

    • • showcasing the content of Users on the Platform;
    • • storing Users’ Content in a remote database accessible by end Users, for a charge.
    • • The aforesaid license, in accordance with the knowledge and in agreement with the Users, is granted hereunder to the Company and its affiliates, licensors, partners, and associates spread across the world.

    76. The license shall be valid, irrespective of the usage or non-usage by the Company, under any of the applicable laws, and shall be applicable to any distribution or storage of the content of the User, whether in writing or digital, or in any other form, medium, or technology.

    GRIEVANCE REDRESSAL

    77. If You have any complaints regarding the Platform or the Services, You can email the Grievance Redressal Officer (referred to as the Grievance Officer) at bluehorizoneinfotech100@gmail.com.  Company retains the right to change the Grievance Redressal Officer at any time without notifying or informing you. You have the option to elevate any disputes directly to our management team by reaching out to the Grievance Redressal Officer.

    78. Except as specified in the clauses below, the courts with appropriate jurisdiction in Jaipur, Rajasthan will exclusively handle all disputes related to the Platform provided by the Company. The resolution of these matters will be governed by and construed in accordance with the laws of India.

    79. If any legal dispute arises, the party initiating the dispute must send a written notice to the other party. Upon receiving the notice, the parties will attempt to resolve the dispute through discussions. If the dispute remains unresolved after fifteen (15) days from the receipt of the notification, it will be resolved through arbitration. Arbitration for any dispute shall take place in Jaipur, Rajasthan, India, and all arbitration procedures shall be conducted in English, following the guidelines of the Arbitration and Conciliation Act, 1996, as amended periodically. A sole arbitrator shall be jointly chosen by the parties. The arbitration award shall be conclusively binding on both parties. Each party is obligated to cover its individual arbitration expenses and evenly divide the arbitrator's fees, unless the arbitral tribunal directs otherwise.

    80. These Terms do not limit the Company from pursuing and securing interim or permanent equitable or injunctive relief, or any other necessary relief to protect its interests. This can be done before, during, or after filing arbitration proceedings, or while awaiting the implementation of a decision or award related to any arbitration proceedings. Such relief may be sought from any courts with competent jurisdiction in Jaipur, Rajasthan. Seeking equitable or injunctive relief does not imply that the Company waives its right to pursue any monetary damages through the arbitration process outlined in these terms.